Financial Terms and Conditions

1. Introduction

1.1 These terms and conditions apply to purchasing goods and services online from the College.

1.2 The College reserves the right to change these terms and conditions from time to time without notice.

2. Definitions

2.1 ‘The Buyer’ means any person, firm or corporation.

2.2 ‘The College’ means Reaseheath College, Reaseheath, Nantwich, Cheshire, CW5 6DF.

3. Online Payments for Goods and/or Services

3.1 In these terms and conditions, the Delivery Address means the address specified in the Personal details the Buyer has supplied. The Collection Point means the designated site as detailed in the instructions on this website.

3.2 Any date specified by the College for delivery/collection of the goods and/or services is intended to be an estimate, and delivery will be made within a reasonable time.

3.3 If for any reason the Buyer will not accept delivery of the goods when they are ready for delivery, or the College is unable to deliver the goods on time because the Buyer has not provided appropriate instructions or the Buyer has not collected the goods from the Collection Point:-

(i) risk in the goods will pass to the Buyer
(ii) the goods will be deemed to have been delivered; and
(iii) the College may store the goods until delivery/collection, whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).

3.4 The goods are at the risk of the Buyer from the time of delivery/collection. Ownership of the goods will not pass to the Buyer until the College has received cleared payment in full in respect of the goods.

3.5 Unless otherwise agreed by the College in writing, the price for the goods will be the price as displayed on this website. That price is subject to the addition of all costs or charges in relation to postage, carriage and insurance; where applicable, and payment must be received in advance in all transactions.

3.6 The Buyer will make all payments due, in advance, under these terms and conditions, without any deduction.

3.7 Nothing in these terms and conditions shall render the College liable to indemnify the Buyer in respect of any liability of any kind incurred by the Buyer to any other person but this shall not be deemed to exclude any liability that may arise by virtue of a breach by the College of these terms and conditions or any negligence on the part of the College its employees or agents.

3.8 When the Buyer visits this website or sends e-mails to the College, the Buyer is communicating with the College electronically. The College shall communicate with the Buyer by e-mail or by posting notices on the website. For contractual purposes, the Buyer consents to receive communications from the College electronically and agrees that all agreements, notices, disclosures and other communications that the College provides to the Buyer electronically satisfies any legal requirement that such communications be in writing. This condition does not affect the Buyer’s statutory rights.

3.9 All content including pictures, designs, logos, photographs, text written and other materials on this website and on the goods purchased by the Buyer are owned, controlled or licensed to the College. They are protected by copyright, trademarks and other intellectual property rights. Unauthorised use of this content is prohibited.
4. Payment

4.1 All payments made through this website must be made in Pounds Sterling. Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne by the Buyer making payment, and shall not be deductible from the payment due to the College.
5. Cancellation and Refunds

5.1 If the Buyer changes his/her mind the Buyer has the right to cancel the online transaction (with the exception of conference bookings) within a specified time limit:

• For services: seven (7) working days from the day after the date that the order has been made.
• For goods: seven (7) working days from the day after that on which the goods arereceived by the Buyer.

If the Buyer wishes to cancel the Buyer must inform the College in writing (by letter, fax or email). If the Buyer is cancelling goods, then these must be returned immediately to the College. Refunds will be made as soon as possible following notice of cancellation, or within thirty (30) days of the date the notice of cancellation is received.

5.2 In the event that any payment is to be refunded (either fully or in part) the College will endeavour to make the refund to the card account or bank account from which the refundable payment was made. If, for reasons beyond the College’s control, refund cannot be made to the originating card/bank account, the refund will be made to the Buyer.
6. Security

6.1 All payment details, which are entered through this payment gateway, are encrypted when the Buyer making payment, enters them. The site is secure using 128 bit encryption to offer secure communications by encrypting all data to and from the site.

6.2 The College shall not be liable for any failure by the Buyer making payment to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.

7. Force Majeure

7.1 The College reserves the right to defer the date of delivery/collection or to cancel the contract in the case of any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting the College’s business or work which is beyond its reasonable control and which prevents or hinders the delivery of the goods and/or services.
8. Data Protection

8.1 The College shall abide by the principles of the Data Protection Act 1998 and ensure that the data is kept confidential and is not used or disclosed other than as provided for under these terms and conditions or as required by law.

8.2 In accordance with the Data Protection Act 1998, the College will hold and process the information provided by the Buyer in order to deliver the goods and services requested.

9. Freedom of Information

9.1 The Buyer acknowledges that the College is subject to the requirements of the Freedom of Information Act 2000 (the FOIA) (as amended from time to time) and the Buyer agrees it shall co-operate and provide all necessary assistance as may be reasonably requested by the College to comply with its obligations under the FOIA.
10. Third Parties

10.1 The Contracts (Right of Third Parties) Act 1999 is excluded from applying to these terms and conditions and nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any term or condition.
11. Waiver

11.1 The failure of either party to seek redress for any breach or to insist on the strict performance by the other party of any term condition or provision of these terms and conditions or the failure or delay by either in respect of the exercise of any right, power, privilege or remedy provided under these terms and conditions shall not operate as a waiver thereof or as a waiver of any preceding or succeeding breach by the other party. Any single or partial exercise of any such right, power, privilege or remedy shall not preclude any other or further exercise of such right, power, privilege or remedy.

11.2 No waiver of any of the terms, conditions or provisions of these terms and conditions between the Buyer and the College shall be effective unless waiver is in writing.
12. Severability

12.1 If any provisions of these terms and conditions are deemed to be prohibited or otherwise adjudged by a court unlawful, void or for any reason unenforceable such a provision shall to the extent required in compliance with judicial order, be severed from these terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions of these terms and conditions and shall not in any way affect the validity or enforceability of the remaining provisions of these terms and conditions.
13. Cancellation of Previous Agreements

13.1 These terms and conditions are substitution for all previous agreements, correspondence or understandings of any nature whatsoever relating to the subject matter of these terms and conditions between the Buyer and the College which shall be deemed to have been terminated by mutual consent as from the date on which these terms and conditions take effect.
14. Law and Jurisdiction

14.1 These terms and conditions will be governed by English Law. The English Courts will have exclusive jurisdiction to deal with any dispute which may arise out of or in connection with these terms and conditions.